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Delhi High Court - Orders

Ebay Inc vs Mohd. Waseem T/As Shopibay & Ors on 27 July, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~11
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    CS(COMM) 466/2019& & I.A. No. 11762/2019
                         EBAY INC.                                    ..... Plaintiff
                                       Through: Ms.Nancy Roy, Ms.J.Sharanya,
                                                   Mr.Prashant, Advs.

                                                versus

                             MOHD. WASEEM T/AS SHOPIBAY & ORS.                 ..... Defendants
                                         Through: None.

                             CORAM:
                             HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 27.07.2022

1. Though the order dated 09.09.2020, passed by the learned Joint Registrar (Judicial), records that the defendant nos.2 and 3 have been served through a publication in the newspapers 'The Statesman' and 'Veer Arjun', dated 24.01.2020, however, the record reveals that the said publication refers to all the three defendants and was made on 21.01.2020.

2. It is also found from the record that the publication in only 'Veer Arjun' is available on the Court file, though the book mark shows that the publication made in 'The Statesman' was also filed. The learned counsel for the plaintiff has shown the other publication in Court. She is directed to file a copy of the same on record.

3. As none appeared for the defendants in spite of service, they are proceeded ex parte.

4. The learned counsel for the plaintiff submits that this would be a fit case where a Summary Judgment under Order XIII-A of the Code Of Civil Procedure, 1908, as applicable to commercial disputes, be passed against the Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:29.07.2022 16:48:38 defendants.

5. List on 2nd November, 2022.

NAVIN CHAWLA, J JULY 27, 2022 RN Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:29.07.2022 16:48:38